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YESHIVA TORATH EMETH ACADEMY v. UNIV. OF SO. CALIF.

Docket No. 25910.

208 Cal.App.2d 618 (1962)

25 Cal. Rptr. 422

YESHIVA TORATH EMETH ACADEMY, Plaintiff and Appellant, v. UNIVERSITY OF SOUTHERN CALIFORNIA, Defendant and Respondent.

Court of Appeals of California, Second District, Division Three.

October 17, 1962.

Attorney(s) appearing for the Case

Joseph W. Fairfield and Ethelyn F. Black for Plaintiff and Appellant.

Musick, Peeler & Garrett and Bruce A. Bevan, Jr., for Defendant and Respondent.

SHINN, P.J.

This is an appeal by the plaintiff, Yeshiva Torath Emeth Academy, from a judgment in favor of the defendant, University of Southern California, entered upon an order sustaining a demurrer without leave to amend in a condemnation action. The essence of the ground of general demurrer is that the complaint fails to state a cause of action in that the proposed condemnation is not for a public use as authorized by the Legislature.

The complaint alleges...

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